Larry J. and Anita L. Lundgren - Page 21

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          or in a statement attached to the return”, and (2) “there is a              
          reasonable basis for the tax treatment of such item by the                  
          taxpayer.”  Sec. 6662(d)(2)(B).  Where a taxpayer can show there            
          is reasonable cause for any portion of the underpayment and that            
          the taxpayer acted in good faith with respect to that portion of            
          the underpayment, then no penalty shall be imposed under section            
          6662(a) with respect to that portion of the underpayment.  Sec.             
          6664(c).                                                                    
               Petitioners did not report any income for any of the years             
          in issue.  They chose to hide their income by attributing their             
          earnings to a sham trust and failed to provide any books or                 
          records of Lucky Kirt Trust, or even the trust document itself.             
          Moreover, petitioners did not offer any substantial authority or            
          reasonable cause for failing to report their income.                        
          Accordingly, they are liable for a penalty under section 6662 for           
          each of the years in issue.  Respondent is sustained on this                
          issue.                                                                      
          VII. Section 6673 Penalty                                                   
               Section 6673 allows this Court to award a penalty to the               
          United States in an amount not in excess of $25,000 for                     
          proceedings instituted by the taxpayer primarily for delay or for           
          proceedings in which the taxpayer’s position is frivolous or                
          groundless.  “A petition to the Tax Court, or a tax return, is              
          frivolous if it is contrary to established law and unsupported by           
          a reasoned, colorable argument for change in the law.”  Coleman             




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